4/18/07 N.Y. St. Reg. Rule Review

NY-ADR

4/18/07 N.Y. St. Reg. Rule Review
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 16
April 18, 2007
RULE REVIEW
 
DIVISION OF CRIMINAL JUSTICE SERVICES
Pursuant to § 207 of the State Administrative Procedure Act, the Division of Criminal Justice Services hereby gives notice that the Division has concluded it's review of the following rules adopted in calendar year 2002.
I.D. number: CJS-44-01-00001
Description of subject matter: central register for missing children; amendment of 9 NYCRR § 6055.7.
Need for the rule: Executive law § 837-e establishes a statewide central register for missing children. Subdivision 1-a mandates that when the Division enters a report of a missing child who was born in New York State it must notify the appropriate Department of Health and request that the birth certificate of the child be flagged. In the event a person requests the child's birth certificate the custodial entity must notify the Division, who in turn notifies the appropriate law enforcement agency. The statute does not specify a time frame for providing these notifications. This rulemaking established time frames for the Division to notify the appropriate Department of Health.
Legal basis of the rule: Executive Law § 837-e.
This rule is being continued without modification because continues to provide a valid time frame for providing notifications to the appropriate Department of Health. The Division is not aware of any problems or deficiencies with the rule. A summary of this rule was published in the January 24, 2007 edition of the State Register. The Division did not receive any public comments regarding this rule.
I.D. number: CJS-52-01-00003
Description of subject matter: livery vehicle safety training program; addition of 9 NYCRR Part 6173.
Need for the rule: This rulemaking implemented the livery vehicle safety training program as required by Executive law § 837-h.
Legal basis of the rule: Executive Law § 837-h.
This rule is being continued without modification because continues to implement the livery vehicle safety training program, as required by Executive law § 837-h. The Division is not aware of any problems or deficiencies with the rule. A summary of this rule was published in the Rule Review section of the January 24, 2007 edition of the State Register. The Division did not receive any public comments regarding this rule.
I.D. number: CJS-37-02-00006
Description of subject matter: laboratory accreditation; amendment of 9 NYCRR § 6190.3.
Need for the rule: Executive law § 995-b requires forensic laboratories to obtain New York State accreditation. Part 6190 of Title 9 of the New York Code, Rules and Regulations provides that to obtain New York State Accreditation a laboratory must be accredited by either the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) or the American Board of Forensic Toxicology (ABFT). This rulemaking clarified that a laboratory seeking such accreditation may receive provisional New York State accreditation pending final action on its application by ASCLD/LAB or ABFT.
Legal basis of the rule: Executive Law §§ 837(13) and 995-b(1).
This rule is being continued without modification because it provides a mechanism for laboratories to receive provisional accreditation. The Division is not aware of any problems or deficiencies with the rule. A summary of this rule was published in the Rule Review section of the January 24, 2007 edition of the State Register. The Division did not receive any public comments regarding this rule.
I.D. number: CJS-16-97-00032
Description of subject matter: laboratory accreditation.
Need for the rule: Executive Law § 995-b requires forensic laboratories to obtain New York State accreditation. This rulemaking established the accreditation procedures.
Legal basis of the rule: Executive Law § 995-b(1).
This rule is being continued without modification because it sets forth forensic laboratory accreditation procedures, as required by Executive Law § 995-b. The Division is not aware of any problems or deficiencies with the rule. A summary of this rule was published in the Rule Review section of the January 24, 2007 edition of the State Register. The Division did not receive any public comments regarding this rule.
DEPARTMENT OF TAXATION AND FINANCE
Regulations Continued Without Modification
Pursuant to section 207.4 of the State Administrative Procedure Act, the Department of Taxation and Finance hereby gives notice of the following:
As part of the Department's 2007 review of regulations that were adopted during 1997 and 2002, it has reviewed amendments to 20 NYCRR Parts 6, 8 and 21 (Repeal of the 30 day rule) that were adopted in 1997. These regulations amended the Business Corporation Franchise Tax Regulations and the Franchise Tax on Banking Corporations Regulations to eliminate the requirement, and thereby the burden, that corporations request permission to file combined reports or to change the composition of their combined group within 30 days of the close of the corporations' taxable year. The statutory authority for the rule is contained in sections 171, subd. First, and section 1096(a) of the Tax Law. These regulations were previously reviewed as part of the Department's 2002 Rule Review published in the State Register on January 2, 2002, and were continued without modification. Notice of the 2002 continuance was published in the Rule Review section of the July 24, 2002, issue of the State Register.
These regulations are once again being continued without modification because the regulations ease the burden on taxpayers by eliminating the requirement that corporations request permission to file combined reports or to change the composition of the combined group within 30 days of the close of the corporations' taxable year. There have been no statutory amendments or changes in policy to warrant any modification of the regulation.
A summary of the regulations was published in the Rule Review section of the January 3, 2007, issue of the State Register. The 2007 Rule Review, including the summary, was also posted to the Department's Web site (http://www.tax.state.ny.us/rulemaker/regulations/fiveyearrev.htm) on January 2, 2007. The Department did not receive any public comments regarding this regulation.
For further information contact: John W. Bartlett, Department of Taxation and Finance, Technical Services Division, Building 9, State Campus, Albany, NY 12227, (518) 457-2254
DEPARTMENT OF TAXATION AND FINANCE
Regulations Continued Without Modification
Pursuant to section 207.4 of the State Administrative Procedure Act, the Department of Taxation and Finance hereby gives notice of the following:
As part of the Department's 2007 review of rules that were adopted during 1997 and 2002, it has reviewed amendments to 20 NYCRR Part 2391 (“Service of Process”) of the Procedural Regulations. This rule added new provisions in 1997 to provide information to any person commencing an action or proceeding involving the Commissioner or Department (except the Division of Tax Appeals or the Tax Appeals Tribunal) by setting forth the procedure for service of process on the Commissioner or Department. The rule was previously reviewed as part of the Department's 2002 Rule Review published in the State Register on January 2, 2002, and was continued without modification. Notice of the 2002 continuance was published in the Rule Review section of the June 19, 2002, issue of the State Register. The statutory authority for this rule is contained in section 171, subdivision First of the Tax Law and section 307 of the Civil Practice Law and Rules.
This rule is once again being continued without modification because there have been no statutory amendments or changes in policy to warrant any modification of the rule.
A summary of the rule was published in the Rule Review section of the January 3, 2007, issue of the State Register. The 2007 Rule Review, including the summary, was also posted to the Department's Web site (http://www.tax.state.ny.us/rulemaker/regulations/fiveyearrev.htm) on January 2, 2007. The Department did not receive any public comments regarding this rule.
For further information contact: John W. Bartlett, Department of Taxation and Finance, Technical Services Division, Building 9, State Campus, Albany, NY 12227, (518) 457-2254
End of Document